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  • 7 - Transnational Legal Ordering of Modern Trust Law

  • from Part II - The Recursive Development and Dynamic Consequences of Transnational Fiduciary Law
  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp 169-187
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  • Summary

    This chapter studies transnational legal orders (TLOs) in the context of trusts and demonstrates that such ordering is evident in the processes through which modern trust norms develop and flow across borders to become a substantive body of transnational and comparative trust law. By reference to innovations and transformations in trust embraced by offshore trust jurisdictions and the rise of the civil law trust in East Asia, this chapter argues that modern trust norms produce multiplicities of legal orders that transcend both offshore and onshore jurisdictions, as well as both common law and civil law jurisdictions.